Assumption of the Risk and Waiver of Liability Relating to CE Pro Bikes, LLC and CADENCE CLUB, LLC (collectively, hereinafter to be known as PBR).
Waiver: I, for myself, my heirs, personal representatives, or assigns, do HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE PBR, its affiliates, its administrators, directors, affiliates, agents, officers, members, volunteers, and employees (each of the forgoing shall be considered one of the RELEASEES herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, including, but not limited to, outside runs, bike or club groups, test drives or rides, classes, observation, and use of facilities, premises, or equipment (the “Activities”).
I acknowledge, agree, and represent that I understand the nature of the Activities. I represent that I am in good health, and in proper physical condition to participate in such Activities. I understand and acknowledge that it is required that all participants wear a helmet and proper attire and footwear, and assume the risks inherent in test riding a bicycle, running, walking, hiking, riding, inside and/or outside of any PBR facility or on the property of the owner/Landlord of PBR in the parking lot or around a neighborhood i.e. anywhere I choose to perform any of the above listed activities. I further agree to indemnify, save and hold harmless PBR and the owner /Landlord of the property, their members, owners, managers, volunteers, agents and/or employees from any and all liability or damage resulting from, or in any way connected with the activities described, including injuries to myself.
Assumption of Risks: I FULLY UNDERSTAND that: (a) THIS ACTIVITY INVOLVES RISKS AND DANGERS INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS, AND DEATH (“Risks”); (b) these Risks and dangers may be caused by THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISKS or SOCIAL AND ECONOMIC LOSSES either not known to the undersigned or not readily foreseeable at this time; and the undersigned FULLY ACCEPT AND ASSUME ALL SUCH RISKS incurred as a result of my participation in the Activities.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the activities made possible by PBR. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement at PBR and to reimburse them for any such expenses incurred.
I acknowledge that PBR has given me a helmet to wear or I will wear my own helmet during any bike ride or test rides, and agree to indemnify, save and hold harmless PBR for any injury resulting from my failure to wear a helmet or any defect in said helmet.
I warrant that I am competent to ride safely. I agree to obey all traffic laws and to practice safety and courtesy when cycling. I hereby consent to and permit treatment in the event of injury or illness. In the case of children under the age of 18, I hereby agree to the terms of the above waiver on behalf of my child (children). I agree to abide by federal, state and local helmet laws as they apply to my child (children). I agree that PBR has no obligation to provide instruction to, or supervision of my child (children). I have read the foregoing warning, acknowledgment, assumption, waiver and release and understand that by signing this document; I may be waiving valuable legal rights.
Acknowledgment of Understanding: I UNDERSIGNED AND ACKNOWLEDGE THAT I AM AGE 18 OR OLDER, THAT I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT TO BE A RELEASE OF ALL OF THE ABOVE-REFERENCED LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the choice of law provisions of Pennsylvania which would require reference to the laws of some other state or jurisdiction. All claims and suits arising hereunder shall be brought and heard only in federal or state courts located in Allegheny County, Pennsylvania. Nothing in this Agreement shall be deemed to constitute a joint venture, partnership, corporation or any other entity taxable as a corporation or otherwise. This Agreement may be executed in one or more counterparts, which together shall constitute one and the same instrument. Electronic mail, facsimile, and pdf signatures shall be as legally binding and considered in all manner and respects as original signatures.
Photo Release: I agree that PBR may take photos and/or videos of me and/or my child(ren) while in the PBR. I understand that these photos may be used in any manner PBR sees fit, and for any promotional use including website, social media, brochures, or otherwise. In the case of any minors, PBR will not post personally identifiable information with photos and/or videos.
By registering, you also agree to receive emails from PBR and/or CADENCE CLUB, LLC, which will be limited in scope. We will not share your information outside our affiliated business entities without your permission.